PERM Audit Denied, sent for appeal. 6th year H1B


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Hello All,

My PERM audit was declined and we have sent for appeal. I am on 6th year of my H1-B and it expires in Sept 2011. We are also applying for H1B extension(Recapture) and i will get back 9 months or so because i was stuck out side the country for "admin processing" 3 years ago.


1. After my H1B recapture expires and if my appeal is still pending can apply for a 1 year extension?

2. Can i apply for a second PERM under another job title/description? and can I extend my H1-B based on that application?

Please help me with any tips you can think of so i can extend my h1-B with out having to leave for a year.

thank you all.

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  • 2 weeks later...

Need help urgenly.

I have used up 6 years of H1B, PERM application filed by previous employer (who just laid me off) is going through an appeal process. My current H1B expires in Oct 2011 however my previous employer is likely to withdraw the H1B petition on 30Aug11.


Have found a job where my new employer is looking for documentation about my PERM appeal status, however as per lawyers from my previous firm, DOL has not been able to issue this letter to state the "PERM Pending Appeal" status.


1. What can I do to get DOL to issue the letter to state the "PERM Pending Appeal" status on my PERM application?

2. If DOL is not able issue the above letter, what options does my new employer have to extend my H1B visa by atleast one year?


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